New Delhi : The United Progressive Alliance Government has, for now, bought peace with the civil society activists by announcing that it would defer amending the Right to Information Act. The new "right to information" regime was hailed as a major initiative of the National Advisory Council, then headed by Sonia Gandhi. Now the Government finds itself in a bind.

A debate on the "file notings" continues within the Government. Politically correct demands such as "transparency" and "accountability" may be very appealing but the Government has faced reservations and opposition to the very idea that all official files should be subject to the new disclosure regime.

Even the President has cautioned the Government. While giving assent to the Right to Information Act in June 2005, President A.P.J. Abdul Kalam had expressed his reservations on "file notings."

In a letter to the Prime Minister, he wrote, "this [disclosure of note portion of the file which contain advice/opinion tendered by officials] is not a fair approach and will harm the process of decision making, as officials would be more cautious or even refrain from rendering objective, frank and written advice on file."

Kalam's concern

Mr. Kalam's concern was that "sharing of information on decisions taken" was one thing and "sharing of information on how the decision is actually arrived at" altogether different. He thought that the second part "ought to have been handled differently."

In his reply, the Prime Minister is understood to have agreed with the President and pointed out that neither the National Advisory Council nor the Group of Ministers had included "file notings" as falling within the definition of "information."

The Government has faced opposition from various official wings. According to informed sources, the three Service chiefs had informally told the Government that the new information regime would not simply work in the defence services. The Government has been more or less told that it could not expect the Services to be subjected to full disclosure obligations. According to a responsible source, the Government has been told: "It would be a sad day if the Government were to believe the word of some NGO over that of a Service chief."

Even the Union Public Service Commission, a constitutional body, has registered its opposition. In a letter dated September 21, 2005, it told the Government: "Sharing of internal notes of the Commission's decision-making process would be impractical to share as it would affect the candour of expression of the officers concerned in dealing with policy and non-policy matters."

What has also sustained this reluctance to full disclosure is the initial experience. The new "information" tool has been used by a section of the bureaucracy to try to settle internal feuds; in particular, many officials facing corruption or disciplinary or other misconduct charges have been keen to demand "file notings."

For instance, Central Information Commissioner O.P. Kejriwal himself is reported to have sought access to "file notings" because there was a delay in getting him official accommodation. Mr. Kejriwal has not only sought information on "reasons for not clearing the file" [for allotment to him], but also demands details of all allottees in Type VII and Type VIII houses after November 2005, and if anyone junior to him had been allotted a house.

Thoroughly alarmed

These bureaucratic squabbles apart, the Manmohan Singh Government, according to sources, is thoroughly alarmed at many politically motivated demands for "file notings."

One set of concerns is represented by the controversy whether President K.R. Narayanan's letters to Prime Minister Vajpayee during the Gujarat riots (March 2002) ought to be disclosed. Another set of concerns is the demand for information on former Prime Ministers and Cabinet Ministers. There is strong reluctance to share such information as it would destroy the basis of governmental continuity, and in the immediate terms it would invite the charge of political vendetta.

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